§Why CasetextPricing

The New York Bankers Association, Inc. v. The City of New York et al

MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment or, in the alternative, a Preliminary Injunction. . Document

80 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 17,492 times   71 Legal Analyses
    Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"

  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,392 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  3. List v. Driehaus

    573 U.S. 149 (2014)   Cited 2,121 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

  4. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,649 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  5. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,318 times   5 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  6. Arizona v. United States

    567 U.S. 387 (2012)   Cited 934 times   14 Legal Analyses
    Holding a state law that "authoriz[ed] state officers to decide whether an alien should be detained for being removable" was conflict preempted because it "violates the principle that the removal process is entrusted to the discretion of the Federal Government"

  7. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,742 times   11 Legal Analyses
    Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

  8. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 1,007 times   9 Legal Analyses
    Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

  9. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,617 times   7 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

  10. American Trucking v. City of Los Angeles

    559 F.3d 1046 (9th Cir. 2009)   Cited 1,287 times
    Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 23,302 times   90 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 666 times   43 Legal Analyses
    Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"

  15. Section 36 - Branch banks

    12 U.S.C. § 36   Cited 331 times   2 Legal Analyses
    Defining "branch" to include "any branch place of business located in any State"

  16. Section 1 - Office of the Comptroller of the Currency

    12 U.S.C. § 1   Cited 224 times   7 Legal Analyses
    Prohibiting the Treasury Secretary from interfering with the Comptroller

  17. Section 371 - Real estate loans

    12 U.S.C. § 371   Cited 149 times   3 Legal Analyses
    Authorizing national banks to make real estate loans "subject to . . . such restrictions and requirements as the Comptroller of the Currency may prescribe by regulation or order"

  18. Section 484 - Limitation on visitorial powers

    12 U.S.C. § 484   Cited 69 times   8 Legal Analyses
    Limiting the exercise of visitorial powers, "except as authorized by Federal law . . ."

  19. Section 2901 - Congressional findings and statement of purpose

    12 U.S.C. § 2901   Cited 54 times   12 Legal Analyses

    (a) The Congress finds that- (1) regulated financial institutions are required by law to demonstrate that their deposit facilities serve the convenience and needs of the communities in which they are chartered to do business; (2) the convenience and needs of communities include the need for credit services as well as deposit services; and (3) regulated financial institutions have continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered

  20. Section 1 - Short title

    N.Y. Banking Law § 1   Cited 44 times

    This chapter, together with amendments thereof, shall be known as the "banking law", and shall be applicable to all corporations, partnerships and individuals defined in the next section and to such other corporations, unincorporated associations, partnerships and individuals as shall subject themselves to special provisions thereof, or who shall, by violating any of its provisions, become subject to the penalties provided therein. N.Y. BankingLaw § 1

  21. Section 34.4 - Applicability of state law

    12 C.F.R. § 34.4   Cited 130 times   3 Legal Analyses
    Identifying preempted state controls on mortgage lending, including licensing and registration

  22. Section 7.4002 - National bank charges

    12 C.F.R. § 7.4002   Cited 101 times   2 Legal Analyses
    Listing considerations

  23. Section 7.4000 - Visitorial powers with respect to national banks

    12 C.F.R. § 7.4000   Cited 41 times   4 Legal Analyses
    Defining "visitorial" power as " [e]xamination of a bank; [inspection of a bank's books and records; [r]egulation and supervision of activities authorized or permitted pursuant to federal banking law; and [e]nforcing compliance with any applicable federal or state laws concerning those activities"

  24. Section 7.4007 - Deposit-taking by national banks

    12 C.F.R. § 7.4007   Cited 39 times   3 Legal Analyses

    (a)Authority of national banks. A national bank may receive deposits and engage in any activity incidental to receiving deposits, including issuing evidence of accounts, subject to such terms, conditions, and limitations prescribed by the Comptroller of the Currency and any other applicable Federal law. (b)Applicability of state law. A national bank may exercise its deposit-taking powers without regard to state law limitations concerning: (1) Abandoned and dormant accounts; (2) Checking accounts;

  25. Section 4.32 - Definitions

    12 C.F.R. § 4.32   Cited 21 times   1 Legal Analyses

    (a)Complete request means a request containing sufficient information to allow the OCC to make an informed decision. (b)Non-public OCC information. Non-public OCC information: (1) Means information that the OCC is not required to release under the FOIA ( 5 U.S.C. 552 ) or that the OCC has not yet published or made available pursuant to 12 U.S.C. 1818(u) and includes: (i) A record created or obtained: (A) By the OCC in connection with the OCC's performance of its responsibilities, such as a record

  26. Section 34.1 - Purpose and scope

    12 C.F.R. § 34.1   Cited 11 times
    Regulating national banks

  27. Section 4.36 - Disclosure of non-public OCC information

    12 C.F.R. § 4.36   Cited 6 times

    (a)Discretionary disclosure of non-public OCC information. The OCC may make non-public OCC information available to a supervised entity and to other persons, that in the sole discretion of the Comptroller may be necessary or appropriate, without a request for records or testimony. (b)OCC policy. It is the OCC's policy regarding non-public OCC information that such information is confidential and privileged. Accordingly, the OCC will not normally disclose this information to third parties. (c)Conditions

  28. Section 24.1 - Authority, purpose, and OMB control number

    12 C.F.R. § 24.1   Cited 1 times

    (a)Authority. The Office of the Comptroller of the Currency (OCC) issues this part pursuant to its authority under 12 U.S.C. 24 (Eleventh), 93a, and 481. (b)Purpose. This part implements 12 U.S.C. 24 (Eleventh). It is the OCC's policy to encourage a national bank to make investments described in § 24.3 , consistent with safety and soundness. This part provides the standards and procedures that apply to these investments. (c)OMB control number. The collection of information requirements contained